appeal bond

A. Please would you tell...

A. Please would you tell me what normally happens to the money deposited as a bond for an appeal, if the appellant loses? Does the court keep that money? B. In our case I'm not sure how much we should claim when we file our writ of attachment. This is because the total debt owed, from the judgement in MD, is $2,800. $1,700 is currently held in escrow by the court in VA, and the amount of the bond paid is also $1,700. Since we have received nothing yet, I guess we could claim the whole $1,700 when we file the writ, but if we were to be successful at the appeal then we will be paid the $1,700 in escrow and would not be entitled to the whole amount of the bond since that would mean we'd received $3,400. Can you explain how we should proceed with the writ re the amount we should claim?

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Customer reply replied 5 years ago

Yes, I'm still waiting for an answer. I'd like to stay with this expert because he's familiar with this case. Is he available? thanks, Kate

Experience: Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.

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1) The bond on appeal is to secure any judgment that was ordered in the lower court. If the winning party wins on appeal as well, the bond secures the fact that the losing party will pay the judgment. If the losing party pays the judgment the bond is released and returned, if it is not paid in 30 days, the judgment and fees are paid from the bond.

2) If you are successful, then you would be entitled to the entire amount of the judgment if the bond was placed to secure that judgment.

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Thanks for this. So does that mean that if we win the appeal we will receive the $1,700 which is currently held in escrow, plus $1,100 from the supersedeas bond, the two amounts totalling $2,800, which is the amount of the original judgement from the lower court?

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).